Simon Nare
The portfolio committee on justice and constitutional development has granted Judges Nana Makhubele and Mushtak Parker until 30 April to make representations after findings of gross misconduct against them.
Committee chairperson Xola Nqola said in a statement that Makhubele and Parker had been given the one-month extension to submit written representations in terms of section 177 of the Constitution, which allows judges to put forward any extenuating circumstances.
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Both judges are facing a parliamentary process that could lead to their removal from office if the National Assembly adopts such a resolution with a supporting vote of at least two thirds of its members.
Removal could also affect the post-service salary benefits judges may otherwise receive after discharge from active service.
Makhubele, a Gauteng High Court judge, was investigated after a complaint by #UniteBehind, which alleged that she breached the separation of powers by remaining in her position at PRASA after her appointment to the bench had taken effect.
The complaint also dealt with her conduct in relation to litigation involving the Siyaya Group, where she was accused of improperly interfering in the matter. The Judicial Service Commission (JSC) upheld findings of gross misconduct against her on both counts.
The JSC found that Makhubele was guilty of gross misconduct in relation to both parts of the complaint. In the PRASA matter, the justice committee was told that the allegations included improper interference to assist Siyaya Group in obtaining a R50 million settlement against PRASA.
Makhubele has argued in court papers that she was not yet a judge when she chaired PRASA and that the JSC was not the proper body to investigate her.
But the justice committee has continued with the section 177 process following the commission’s findings.
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Parker, a Western Cape judge, was found guilty of gross misconduct after a Judicial Conduct Tribunal concluded that he had given irreconcilable accounts of a confrontation with former Western Cape Judge President John Hlophe. The tribunal found that Parker first alleged that Hlophe had physically attacked him in his chambers, but later backed a version that no assault had taken place.
In a separate finding, the tribunal held that Parker failed to disclose serious trust account deficits at his former law firm during the process that led to his permanent judicial appointment. It found that the shortfalls had persisted over time, involved millions of rand, and were known to Parker, yet were not disclosed to the JSC.
Nqola said both judges would now make written representations before the committee decides on its next step. He said the extensions were granted for different reasons.
“We heard that the letter regarding Judge Parker was initially sent to an email address no longer in use. The said letter therefore only reached him about two weeks ago. His attorneys requested more time, until 30 April, to comply,” said Nqola.
“Furthermore, the committee received correspondence that Judge Makhubele has been hospitalised and is therefore not in a position to respond at this stage. We therefore granted both the extensions requested,” he said.
